STATE OF GUJARAT Vs. THAKOREBHAI MOTIBHAI THAKORE

JUDGEMENT

(1.) Leave to appeal granted. Appeal is admitted. Learned advocate Mr.Jitendra Malkan waives for the respondent. Both the learned advocates for the appellant and respondent requested this Court to hear the Appeal finally as the Record and Proceedings of the trial Court is available with the Court and they would assist the Court with extra copies of the evidence and documents produced during the trial. The request is granted and this Appeal is heard finally.

(2.) Instant Appeal is preferred by the State under Section 378 of the Code of Criminal Procedure against the judgment and order delivered by the Additional Sessions Judge and Special Judge, Fast Track Court, Vadodara, on 5th May, 2004, in Atrocity Case No. 27 of 2001, whereby, present respondent, being accused of said Atrocity Case, came to be acquitted by the trial Court for the charges levelled against him under Section 302 of the Indian Penal Code, under Section 135 of the Bombay Police Act and under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) Prosecution case, as has been disclosed, can briefly be stated that the incident occurred on 11th March, 2001, near the hut of Ujiben (PW 7), behind Vishwamitri Township at Vadodara. In the incident, deceased Ramanbhai Melabhai Solanki, brother of complainant, Dineshbhai Melabhai Solanki, received injuries and died. PW 7, Ujiben, resided in her hut behind Vishwamitri Township, along with her husband Bhavsing Nayka. Ganpatbhai Chaganbhai Thakor, PW 3, Ramesh alias Abho Motibhai Mali, PW 4, Bodiyo Kallubhai Vadi, PW 5, deceased Ramanbhai, and accused, Thakorbhai Motibhai Thakor, were known to Ujiben, PW 7, as all of them frequently were visiting near her hut for collecting grass. On the day of incident, at about 11:00 am, Ujiben had been to fetch drinking water from the township and had returned to her hut. She found that Ganpatbhai Chaganbhai Thakor, Ramesh alias Abho Motibhai Mali, Bodiyo Kallubhai Vadi, and deceased Ramanbhai had stolen liquor from somewhere and after taking one bucket from her hut, were drinking liquor from the said bucket. Her husband also was taking liquor along with those persons. After some time, deceased Ramanbhai sat near one Mango tree while Ganpatbhai Chaganbhai Thakor, Ramesh alias Abho Motibhai Mali and Bodiyo Kallubhai Vadi went away. Ujiben thereafter went behind her hut to collect grass for her cattle at about 12:00 noon and she noticed that the accused approached the place on scooter and he had a pipe in his hand. He called deceased Ramanbhai, who was sitting under a Mango tree and asked him that why he had stolen liquor. Thereafter, Thakorbhai, who is accused in the case, inflicted two to three blows by pipe on Ramanbhai and Ramanbhai had lied down on the ground under the Mango tree. At about 2:00 pm, Dineshbhai, brother of deceased Ramanbhai came in search of Ramanbhai and found him dead. According to Dineshbhai, deceased Ramanbhai was doing labour work and on the day of incident, along with Ganpatbhai Chaganbhai Thakor, Ramesh alias Abho Motibhai Mali and Bodiyo Kallubhai Vadi, the deceased had gone to collect grass but had not returned upto 2:00 pm, and therefore, he went in search and found Ramesh alias Abho near the house of one Champaben and inquired about Ramanbhai. Ramesh alias Abho conveyed to Dineshbhai that Ramanbhai was lying near the hut of Ujiben and therefore, Dineshbhai went at the scene of offence and found that Ramanbhai was dead and his pant was blood stained. He had injuries on his legs, back and on private parts. Ujiben conveyed to Dineshbhai that Ramanbhai was beaten by Thakorbhai at about 11:00 am. Dineshbhai therefore gave the complaint which was recorded as Makarpura Police Station Crime Register No. I-78/2001 for the above said charges against the accused. The FIR was recorded by Vikramsinh Dipsinh Rathod, PW 16, and at initial stage, he investigated the offence and thereafter, Shaileshbhai Mangalbhai Katara, PW 17, took charge of investigation and filed the chargesheet against the present respondent.